Lilly v. Department of Defense et al

Filing 36

ORDER signed by Judge Lynn Adelman on 1/23/17 that this action is DISMISSED for lack of diligence. The Clerk of Court shall enter final judgment accordingly. (cc: all counsel, via USPS to plaintiff)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
CHRISANDRA LILLY,
Plaintiff,
v.

Case No. 15-CV-1458

CHILDREN’S HOSPITAL OF WISCONSIN, INC.,
Defendant.

ORDER
On December 7, 2015, the plaintiff, Chrisandra Lilly, filed a complaint in this court
pro se. One of the defendants, Children’s Hospital of Wisconsin, Inc. (“CHW”), filed a
motion for a more definite statement under Federal Rule of Civil Procedure 12(e). On
May 16, 2016, I granted CHW’s motion, saying, “[I]t is impossible to make out what
claim or claims plaintiff is advancing.” Decision & Order, ECF No. 26, at 1. I ordered Lilly
to file an amended complaint no later than June 17, 2016, which she did.
CHW filed a motion to dismiss Lilly’s amended complaint for lack of subjectmatter jurisdiction and failure to state a claim upon which relief can be granted. On
December 28, 2016, I granted CHW’s motion, finding that Lilly failed to adequately
allege a basis for subject-matter jurisdiction. I ordered Lilly to file a second amended
complaint by January 20, 2017, and warned her that I would dismiss this case for lack of
diligence, if she failed to do so. Lilly has not filed a second amended complaint.
THEREFORE, IT IS ORDERED that this action is DISMISSED for lack of
diligence pursuant to this court’s Civil Local Rule 41(c). The Clerk of Court shall enter
final judgment accordingly.

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Dated at Milwaukee, Wisconsin, this 23rd day of January, 2017.

s/ Lynn Adelman
__________________________________
LYNN ADELMAN
District Judge

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